What's happening
This bill allows arrest warrants to be issued based on simplified information, not just other accusatory instruments, in local criminal courts.
Why it matters
Expands police and court authority to issue arrest warrants. By allowing warrants based on simplified information (not just full accusatory instruments), local courts and law enforcement may more quickly initiate criminal proceedings, especially in cases like traffic violations or minor offenses.
Could lead to more arrests for lower-level offenses. The change means cases that previously required more detailed paperwork can now move forward with less documentation, potentially increasing the number of arrests for minor infractions.
Raises concerns about due process and accuracy. Simplified information may lack the detail and scrutiny of a full accusatory instrument, possibly increasing the risk of erroneous or unjustified arrests if oversight isn’t strong.
May streamline court operations but shift burden to defendants. While the measure could reduce administrative delays, it might also mean individuals face arrest and court involvement before all facts are thoroughly vetted, potentially impacting civil liberties.
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Who cares
Defendants charged by simplified information
The bill would bar arrest warrants based on any simplified information when defendants have not been arraigned or come under the court’s control in the case.
Local criminal courts and youth parts of superior courts
The bill would expand the existing exclusion for simplified traffic informations to cover all simplified informations under this warrant provision.
Prosecutors and criminal defense attorneys
The bill would limit which accusatory instruments can support a pre-arraignment arrest warrant, making the type of filing consequential to warrant requests.
Headline styles
Limit Arrest Warrants Pre-Arraignment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4092
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to issuance of a warrant of arrest when a criminal action has been commenced in a local criminal court by the filing of a simplified information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 120.20 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, the opening paragraph as amended by section 12 of part WWW of of chapter 59 of the laws of 2017, is amended to read as follows:
1. When a criminal action has been commenced in a local criminal court or youth part of the superior court by the filing therewith of an accusatory instrument, other than a simplified [traffic] information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court with respect thereto:
(a) such court may, if such accusatory instrument is sufficient on its face, issue a warrant for such defendant's arrest; or
(b) if such accusatory instrument is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04413-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.